Legal Opinion

Kramer v. Vogl

New York Court of Appeals

Decided February 17, 1966PublishedCited by 100 opinions

1Opinion of the Court

Chief Judge Desmond.

This is another case where the New York courts under CPLR 302 (subd. [a]) are asked to exercise personal jurisdiction over a nondomiciliary on the theory that the cause of action sued upon has arisen from transaction of “ any business within the state ” or has arisen from the commission of a “ tortious act within the state 5 ’. In this instance both courts below held against jurisdiction and so dismissed the first cause of action (Kramer against Yogi). We granted leave to appeal.

Plaintiff is a resident of this State and does business in New York City as a dealer in…

2Cases cited9 opinions

  1. McGee v. International Life InsuranceSupreme Court of the United States · 1957
  2. Erl Anger Mills, Inc. v. Cohoes Fibre Mills, Inc.Court of Appeals for the Fourth Circuit · 1956
  3. Beck v. SpindlerSupreme Court of Minnesota · 1959
  4. Grobark v. Addo MacHine Co., Inc.Illinois Supreme Court · 1959
  5. Samuel Insull v. New York, World-Telegram Corporation, a New York CorporationCourt of Appeals for the Seventh Circuit · 1959

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3Cited by100 opinions

  1. Bank Brussels Lambert v. Fiddler Gonzalez & RodriguezCourt of Appeals for the Second Circuit · 1999
  2. McGowan v. SmithNew York Court of Appeals · 1981
  3. Beacon Enterprises, Inc. v. Mary Rose MenziesCourt of Appeals for the Second Circuit · 1983
  4. Bensusan Restaurant Corporation v. Richard B. King, Individually and Doing Business as the Blue NoteCourt of Appeals for the Second Circuit · 1997
  5. Lehigh Valley Industries, Inc., and Lehigh Colonial Corporation, Vsv. Norman Birenbaum, and David BirenbaumCourt of Appeals for the Second Circuit · 1975

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